Rule 10 — Arraignment

Fed. R. Crim. P. 10

• Source: Federal Rules of Criminal Procedure
• Rule: 10
• TITLE IV: ARRAIGNMENT AND PREPARATION FOR TRIAL
• Citation: Fed. R. Crim. P. 10

Text

(a) In General. An arraignment must be conducted in open court
and must consist of:
(1) ensuring that the defendant has a copy of the indictment
or information;
(2) reading the indictment or information to the defendant
or stating to the defendant the substance of the charge; and
then
(3) asking the defendant to plead to the indictment or infor-
mation.
(b) Waiving Appearance. A defendant need not be present for the
arraignment if:
(1) the defendant has been charged by indictment or mis-
demeanor information;
(2) the defendant, in a written waiver signed by both the de-
fendant and defense counsel, has waived appearance and has
affirmed that the defendant received a copy of the indictment
or information and that the plea is not guilty; and
(3) the court accepts the waiver.
(c) Video Teleconferencing. Video teleconferencing may be used
to arraign a defendant if the defendant consents.

Advisory Committee Notes

(As amended Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 29, 2002, eff. Dec. 1, 2002.)